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State v. Rush

197 S.E.2d 891, 19 N.C. App. 109, 1973 N.C. App. LEXIS 1585
CourtCourt of Appeals of North Carolina
DecidedJuly 25, 1973
Docket7320SC536
StatusPublished
Cited by6 cases

This text of 197 S.E.2d 891 (State v. Rush) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Rush, 197 S.E.2d 891, 19 N.C. App. 109, 1973 N.C. App. LEXIS 1585 (N.C. Ct. App. 1973).

Opinion

*110 CAMPBELL, Judge.

The defendant was charged in the bill of indictment with a statutory offense. G.S. 90-95 (a) (1) makes it unlawful “[t]o manufacture, distribute or dispense or possess with intent to distribute a controlled substance listed in any schedule of this Article.” The offense charged in the bill of indictment was the unlawful distribution of a controlled subtance and it specifically set forth the person to whom the unlawful distribution was made. The instructions of the judge to the jury related to, and the verdict of the jury found the defendant guilty of, the offense of possession with intent to distribute a controlled substance. This was not the offense with which the defendant was charged in the bill of indictment. The two offenses, (1) the distribution, and- (2) the possession with intent to distribute, are separate offenses. State v. Cameron, 283 N.C. 191, 195 S.E. 2d 481 (1973).

The defendant has not been found guilty of the offense with which he was charged, and he was found guilty of an offense for which he was not charged. It therefore follows that the judgment imposed was1 incorrect.

Judgment arrested.

Judges Britt and Baley concur.

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Related

State v. Moses
572 S.E.2d 223 (Court of Appeals of North Carolina, 2002)
State v. Broome
523 S.E.2d 448 (Court of Appeals of North Carolina, 1999)
State v. Carlin
245 S.E.2d 586 (Court of Appeals of North Carolina, 1978)
State v. Dammons
237 S.E.2d 834 (Supreme Court of North Carolina, 1977)
State v. Shaw
220 S.E.2d 634 (Court of Appeals of North Carolina, 1975)
State v. Aikens
206 S.E.2d 348 (Court of Appeals of North Carolina, 1974)

Cite This Page — Counsel Stack

Bluebook (online)
197 S.E.2d 891, 19 N.C. App. 109, 1973 N.C. App. LEXIS 1585, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-rush-ncctapp-1973.